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BALCO - THE DISINVESTMENT STORY

            

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BALCO-A Profile

STAGE I: THE TUG OF WAR

STAGE II: THE CONTROVERSY DEEPENS

STAGE III: THE DEBATE

continued from Page 4

STAGE IV: POST SELL OUT DRAMA

After the sell out of Balco, Jogi continued to fire his salvo and demanded a parliamentary probe into the deal. Jogi alleged that the company was sold at a tenth of its actual value. He said, "In a deal in which property worth Rs.5,000 crore to Rs.6,000 crore (Rs.50 to 60 billion) is being sold for just Rs.551 crore (Rs.5.51 billion), the circumstances speak for themselves." In an interview published in a national daily, The Indian Express, Jogi alleged, "You are talking of transparency. But your transparency is such that even the chief minister of the state did not know that this company is being sold. They did not take anyone into confidence. The entire deal was struck surreptitiously." "Arun Shourie is telling lies. He is a liar. Let him give even a single example when he consulted me, when he contacted me on Balco," Jogi charged in the interview. Demanding a probe by a joint parliamentary committee (JPC), Jogi said, "Whenever such kinds of scams take place, it is not done in the presence of witnesses. Since big money and big people are involved, it should be probed." Contending that the deal took place 'without taking the people into confidence,' Jogi said his government was ready to purchase the company for the same amount that had been paid by SIL. "It is a question of fighting for the people's right, especially for the tribals of Chhatisgarh," he asserted. 

 

Meanwhile, Jogi started instigating the employees to go on strike, and encouraged them not to let the managers run the plant. On March 3, 2001, the employees launched an indefinite strike. The agitation by the employees brought the operations of the plant to a standstill. Apart from productivity loss, there were apprehensions that the employees would resort to damaging the plant facilities. The GoI moved the Supreme Court to prevent the state government from disrupting the work at the Balco (Korba) plant The Supreme Court restrained the Chattisgarh government from disrupting supply of water, electricity and food to the Balco plant or township at Korba. In its order, the division bench of the apex court said, "The state of Chattisgarh, and chief secretary and the director general of police in particular, are directed to afford full protection to the workers, their families and management inside and outside the Balco plant at Korba, so that they do not suffer physical harm of any kind."  

The Parliament witnessed heated exchanges between Opposition and ruling party with the Opposition questioning the GoI's propriety in moving the Supreme Court without taking the Chattisgarh State into confidence. Countering the Opposition charges, Shourie said the Centre had received 'alarming reports' that water and electricity to the Balco plant would be cut and the managerial staff would not be allowed to enter the state. He added that the issue had turned into a law and order problem after an ambulance was burnt and a CISF van damaged by activists. Dismissing the Opposition's charge of not consulting the State Government, Shourie said the Disinvestment Secretary had written to the Chattisgarh Chief Secretary about the disturbing reports and the possibility of damage to the plant, but there had been no response.

Meanwhile, the controversy surrounding the sale of Balco continued unabated, even as Shourie requested the Comptroller & Auditor General, VK Shunglu to assign officials to scrutinize all documents pertaining to the privatization of Balco. Major trade unions refused to relent and called for a country-wide protest on March 20, against Balco divestment. The trade unions also planned a country-wide strike and hartal. The GoI warned the state government in Chattisgarh that the Centre could recover the losses suffered by Balco from the state grants, if it continued its belligerent attitude on the ongoing strike. The statement said, "The Centre holds 49 per cent share in Balco and if the Congress government led by Ajit Jogi does not allow resumption of working of the company, the Centre could recover the money from the assistance given to the state." Meanwhile, the indefinite strike by Balco workers at Korba, continued for the fifth day.

On March 9, 2001, the Balco deadlock took a new turn with the senior Balco officials claiming that the smelter at the plant had started cooling with 40 pots of the cell house of the smelter plant having frozen. To restart operations, it would require about Rs 50 crore and three to six months time. S.C Krishnan, managing director, Balco along with four members of parliament rushed to Korba to review the situation. However, the Balco employees union said that this would only aggravate the situation. All major trade unions expressed their support for the 'ongoing struggle of the Balco workers'. Jogi said his government would provide adequate security to workers and management of the Balco plant at korba as per a Supreme Court directive and suggested a dialogue between the workers and management to resolve the ongoing crisis. The management also appealed to the workers to rejoin work to save the smelter. The management threatened a lockout unless the employees returned to work. Said a senior official, "The company has not yet declared lockout. However, if employees do not return to work, lockout may be inevitable."

On March 12, 2001, the GoI rejected the state Government's offer to buy the 51% shares for Rs 552 crore, which were sold to SIL at Rs 551.5 crore. It said, the deal was complete and couldn't be reopened as the GoI had already transferred its 51% stake to SIL on March 2, the day after Parliament approved the deal.

In April 2001, all central trade unions including Bharatiya Mazdoor Sangh and INTUC gave a joint call for a nationwide demonstration to express solidarity with the striking employees in Chhatisgarh. The Trade unions asked workers of all public sector undertakings to participate in a nationwide strike on May 18, in support of the striking Balco workers.

In May 2001, the new Balco management offered two months salary advance to the striking employees to return to work. This was rejected by the union. The management said it was ready to give the two months salary advance and negotiate all industrial demands with the workers but not the issue of disinvestment. Also in May 2001, the Supreme Court asked the workers to resume work on assurance of advance payment by the Balco management. The Balco management also filed an affidavit before the Supreme Court that no workers would be retrenched even though the shareholders' agreement allowed it to do so after a year. On May 4, 2001, a marathon meeting of the union was held to discuss the issue of withdrawing the strike in view of the Supreme Court's directives. However, the union failed to take any decision. The union blamed the Balco management for failure of talks. Said, Brahma Singh, Chief, Balco Bachao Sanyukt Abhiyan Samity, the apex body of the seven striking unions, "The workers are interested in joining duty but the management is taking a rigid stand".

On May 9, 2001, a 25-point agreement was signed between the union leaders and the management. With this agreement, the long drawn out battle between the union and the management seemed to have come to its logical conclusion. Balco employees went back to work ending a 67 day strike. The trade unions called off the proposed nationwide strike on May 18. In a related development, the Supreme Court stayed all notices issued by the state government to Balco management asking it to show cause why the land leased to its plant not be cancelled as it was situated in a tribal land. The court asked the government to justify its stand in canceling the land allotment to Balco while permitting such allotment to two other private companies - Daewoo Power and Essar Steel.

ALL'S (NOT) WELL THAT ENDS WELL

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This case study is intended to be used as a basis for class discussion rather than to illustrate either effective or ineffective handling of a management situation. This case was compiled from published sources.

 


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